USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 50
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The Attorney General and the Secretary and Receiver of the Land office, attended agreeably to notice, when Council proceeded to hear Joseph B. M'Kean, Esquire, the Attorney of Techarnor de Graffendriedt, relative to his claim to lands within this State, in right of a purchase from William Penn, Esquire, and some time being spent therin, the further hearing of said claimant was post- poned.
The Council met.
PHILADELPHIA, Saturday, December 20th, 1788.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Christopher Kucher,
James Read, Nathan Dennisen, and
Richard Willing, John Cannon,
Amos Gregg, 7
Esquires.
An order was drawn upon the Treasurer in favor of Messieurs Wistar and Ashton, for the sum of five hundred pounds on account of their purchase of Indian goods, and to defray the contingent expences thereof, for which sum they are to be accountable.
Council took into consideration the following opinion of Chief Justice M'Kean, Judge Bryan and William Bradford, Junior, At- torney General.
December 9th, 1788.
GENTLEMEN :- The case of Jacob Dryer, upon which you were instructed by the Supreme Evecutive Council to consult us, ap- pears to be as follows :
Jacob Dryer being attainted of Burglary, received a charter of pardon signed by the President in Council, and under the State
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seal, reciting his attainder, and containing a condition of his leaving the United States in thirty days not to return, "that about the same time an entry was made on the minutes of Council, in the following words."
In Council, November 13th, 1787.
Upon the petition of the parents and friends of Jacob Dryer, now confined in the Jail of this city, under sentence of death, pray- ing a pardon, and also a respectable recommendation,
Ordered, That the said Jacob Dryer, be and he hereby is par- doned.
The said Jacob Dryer having broken the condition annexed to the said charter of pardon, was afterwards arrested and brought before the Supreme Court, whereupon the record of his attainder being read, and a suggestion filed by the Attorney General, he was asked what he had to say why execution of the sentence of death should not be awarded against him, and Counsel being retained and time given to prepare an answer he shewed no cause to the Court, and execution was awarded accordingly.
We understand that some doubts have arisen, concerning the effects of the said entry on the minutes of Council, whether the same does not operate as an absolute pardon, and whether Council can now legally issue a warrant for the execution of the said Jacob Dryer.
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We are clearly of opinion that the said entry in the minutes of Council, can have no legal operation upon the attainder of the pris- oner. We conceive that no pardon of an attainder can be good, unless it be under the State seal ; and that the Supreme Executive Council cannot legally exercise this prerogative in any other mode than that. It is a charter under the seal that the prisoner must plead in bar, and no entry on the minutes of Couneil can reverse or annul his attainder, if it should be made manifest to Council that a mistake crept into the charter of pardon by inserting a condition when it was intended to be absolute, this can only be rectified by granting a new pardon, and until this be granted, the party will remain attainted and liable to execution.
We would farther observe upon this subject, that if a party would take advantage of a pardon granted to him by Council, the laws furnish him with an opportunity of doing this when he is brought before the Court. He may wave the benefit of it if he pleases, and if he will not plead it, and produce it for the Court to examine and determine upon, he loses the advantage of it and can- not legally avail himself of it in any other place. By the record transmitted to Council, it appears that the said Jacob Dryer had this opportunity afforded him, and that there were no legal objec- tions against the award of execution.
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We, therefore, cannot entertain any doubt upon this point, and are of opinion that Council may legally issue a warrant for the exe- cution of the prisoner, if they think the public good requires it.
We have the honor to be, Gentlemen, your most obedient ser- vants.
THOMAS M'KEAN, GEORGE BRYAN, WILLIAM BRADFORD, Jun'r.
Honorable James Read, George Woods and Abraham Smith, Esq'rs.
Whereupon, it was moved and seconded that Council come to . the following resolution, to wit:
Resolved, That a warrant be issued for the execution of Jacob Dryer, on Saturday the twenty-seventh instant.
And on the question, to agree to the same, it was determined in the negative,
It was then on motion,
Resolved, That the said Jacob Dryer be, and he is hereby par- doned.
Council resumed the consideration of the claim, which was made on the twelfth day of July last, in behalf of Techarnor de Graffendreidt, an inhabitant of the State of Virginia, by his Attorney, Joseph B. M'Kean, Esquire, to an equivalent out of the unappropriated lands. vested in the Commonwealth for two grants from William Penn, Esquire, of ten thousand acres of land near the Connawaw upon the river Susquehanna, and ten thousand acres near on Indian town called Talbaholkie upon the river Schuylkill, which it is alledged were not set out and appropriated. And it appearing to Council, upon examination of the act of Assembly passed the tenth day of April, 1781, entituled " An Act for the better support of the pub- lic credit, by an immediate sale of the lands therein mentioned, and fully securing the purchasers thereof in their titles, and also for preserving the common lands appurtenant to the city of Philadel- phia and other towns in this State, from unwarrantable encroach- ment," that the said claim was made three months after the expira- tion of the time limitted for filing claims under the said act, and that the claimant is not within the meaning of the provisoes contained in the tenth section thereof; therfore,
Resolved, That the said Techarnor de Graffendreidt, is barred by the said act from prosecuting his claim before this Board.
An order was drawn upon the Treasurer in favor of the Honor- able James Read, for ninety pounds, in full for his attendance in Council, from August the twenty-third untill December the twen- tieth, 1788, inclusively.
Upon the second reading of the letter from Andrew Ellicott, Esquire, relative to a survey of the trangular piece of Country on Lake Erie, lately ceded to this State by the United States,
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Ordered, That the same be referred to the Vice President, Colonel Smith, Mr. Dennisen, Colonel Miles and Mr. Cannon.
The Council met.
PHILADELPHIA, Monday, December 22nd, 1788.
PRESENT :
,
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President. Samuel Miles, Christopher Kucher, James Read, John Cannon, and ? Richard Willing, Nathan Dennisen, Esquires.
Amos Gregg,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable James R. Read, Esquire, for one hundred pounds, on account of his pay as a delegate from this State to Congress, for which sum he is to account.
And in favor of the Honorable Jacob Rush, Esquire, for one hundred and fifty pounds, being one quarter's salary due to him as a Judge of the Supreme Court, ending the eighteenth instant.
Upon application of several merchants of this city, that Council would be pleased to transmit under the authority of the State, to Mr. Carmichael, resident at the Court of Madrid, a memorial which they have addressed to his Most Catholic Majesty, relative to a quantity of flour which was shipp'd to the Havanna,
Ordered, That a letter from the President to Mr. Carmichael, recommending the said memorial to his particular attention, be written.
The Council met.
PHILADELPHIA, Tuesday, December 23d, 1788. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President. Samuel Miles, Christopher Kucher,
James Read, John Cannon, and
Richard Willing, Nathan Dennisen, Esquires. Amos Gregg,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Richard Willing, Esquire, for forty- five pounds, in full for his attendance in Council, from the seven-
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teenth of October until the twenty-third of December, 1788, in- clusively, deducting eight days absence,
In favor of the Honorable John Cannon, Esquire, for forty-seven pounds fifteen shillings, in full of his account for his attendance in Council until the twenty-third of this month, inclusively, and for mileage coming to Philadelphia and returning home in September last and coming in November and returning at this time.
And in favor of the Honorable Nathan Dennison, Esquire, for twenty-four pounds, in full for his attendance in Council until the twenty-seventh of December, 1788, inclusively.
Council being informed that Captain James McLean, who com- mands the Invalids, is prevented from attending to the duties of that command,
Resolved, That Colonel Lewis Nichola be and he is hereby ap- pointed Commandant of the Corps of Invalids, in the place of Captain James McLean, who cannot attend to the duties of the appointment, and that he be supplied with the usual rations.
On motion,
Resolved, That the Secretary employ two proper persons to ride to the counties of Washington, Westmoreland, Fayette, Bedford, Huntington, Northumberland, Cumberland, Luzerne, Franklin and Dauphine, to bring to Council from those counties the returns of Electors for the choice of President and Vice President of the United States. and that he assign to the said expresses their proper counties, give them the necessary instructions, and direct the said expresses to sot off on Monday next.
The Council met.
PHILADELPHIA, Wednesday, December 24th.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, John Cannon, and r James Read, Christopher Kucher, Abraham Smith,; j Esquires,
An order of the Orphans' Court of Northumberland county in favor of Mary Nees, widow of Peter Nees, deceased, late private of the militia of that county, granting to her the sum of eighty-four pounds for the support of herself and children, was laid before Council, and the same being read, the further consideration thereof postponed until Saturday next.
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The Council met.
PHILADELPHIA, Saturday, December 27th, 1788.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, John Cannon,
James Read, Richard Willing, and Esquires. Abraham Smith, Christopher Kucher,
Council resumed the consideration of the order of the Orphans' Court of Northumberland county, in favor of Mary Nees; and thereupon
An order was drawn upon the Treasurer in her favor for eighty- four pounds, payable out of the monies arising from militia fines in Northumberland county, for the support of herself and children until the twenty-ninth day of November, 1788, under an act of Assembly dated the twentyeth day of March, 1780.
James Dunwoodie was employed as one of the persons to ride to the counties of Washington, Westmoreland, Fayette, Bedford, Huntington, Cumberland, Franklin and Dauphine, agreeably to the minute of the twenty-third instant, and it was agreed to allow him two dollars and a half in specie per diem, while he is employed in the said business.
The Council met.
PHILADELPHIA, Monday, December 29th, 1788.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Abraham Smith,
James Read, Richard Willing, and
John Cannon, Christopher Kucher,
LEsquires.
Upon the second reading of a letter from Anthony Butler, stating the several installments of the one hundred and thirty thousand pounds sterling, which are due to Messieurs John Penn, jun'r, and John Penn, E'squires, and requesting that warrants in their favor may issue; therefore
Resolved That the said letter be referred to the Comptroller General to report thereon.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Tuesday, December 30th, 1788.
PRESENT :
His Excellency THOMAS MIFFLIN Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Cannon,
Richard Willing,
Abraham Smith, and
James Read,
Christopher Kucher, Esquires.
Zebulun Potts,
Upon consideration of the report of the committee to whom was referred the memorial of Jeremiah Fisher, and other papers accom- panying it,
Resolved, unanimously, That Council do not think it expedient to issue any further order in favor of Jeremiah Fisher, Guardian of the children of Captain William Shippen.
The account of Alexander McLean, Esquire, for surveying the two reserved tracts of land on the north side of the Ohio and Alle- gany rivers, and for running and marking the line dividing the de- preciation and donation lands, selling off the districts thereon, run- ning a meredian thirty-three miles, together with charges for chain- bearers, markers, provisions, pack-horses, &ca., was read, together with the Comptroller's report thereupon.
. Resolved, That the same be referred to Mr. Vice, President, John Cannon and Zebulun Potts.
Agreeably to the report of the Comptroller General, relative to two notes given by him to John Skinner, amounting to two hun- dred pounds specie, being the ballance due upon Skinner's second contract for opening and making good the public road between Sideling Hill and Rayshill, in Bedford county,
An order was drawn upon the Treasurer in favor of the said Comptroller General, for the sum of two hundred and eighty-one pounds eighteen shillings, to reimburse him for the sum advanced as aforesaid.
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The Council met.
PHILADELPHIA, Wednesday, December 31st, 1788.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Zebulun Potts,
Christopher Kucher,
Abraham Smith,
Richard Willing, John Cannon,
LEsquires.
Two orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Thomas Mckean, Esquire, for two hundred and fifty pounds, and in favor of the Honorable George Bryan, Esquire, for one hundred and fifty pounds, being one quar- ter's salary due to them as Judges of the Supreme Court, ending the twenty-fifth instant, according to the Comptroller General's re- port.
Upon the second reading of the memorial of Jacob Peterman and others, Officers of Montgomery county militia, containing a com- plaint against the Lieutenant of the county of Philadelphia for de- taining money which is due to them for sundry expences of the sixth battalion of Philadelphia county militia, in the year 1783 and 1784,
Resolved, That the said memorial be referred to Colonel Wil- ling, Colonel Smith and Mr. Potts.
The return of members to represent this State in the Congress .of the United States, having been received by Council from the city of Philadelphia and the several counties, except the county of Fayette,
Resolved, That for the information of the public, the following state of the returns be published :
Fred'k Augustus Muhlenberg, 8707
John Allison,
7067
Henry Wynkoop,
8246
Stephen Chambers,
7050
Thomas Hartley, 8163
William Findley, 6586
George Clymer,
8094 William Irvine, 6492
'Thomas Fitzimmons, 80
Charles Pettit,
6481
Thomas Scott,
8068 William Montgomery, 6348
Peter Muhlenberg,
7417 Blair McClerrachan, 6223
Daniel Hiester,
7403
Robert Whitehill, 5850
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The Council met.
PHILADELPHIA, Friday, January 2nd, 1789. PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice Presient.
Samuel Miles, Abraham Smith,
James Read, John Cannon, and
Richard Willing,
Christopher Kucher, Esquires.
Zebulun Rotts,
Upon application of the Comptroller General, an order was drawn upon the Treasurer in his favor for forty-five pounds, to pur- chase fire wood for the use of the Invalid Guards, and to defray the expenses of his office, for which sum he is to be accountable.
An order was drawn upon the Treasurer in favor of Frederick Sneider, for fifteen pounds eleven shillings and four pence, being in full of his account for his wages as Door-keeper to Council from the first till the thirty-first of December, 1788, &ca.
The Council met.
PHILADELPHIA, Saturday, January 3rd, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire. President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Abraham Smith,
Richard Willing, Zebulun Potts, and . 7
James Read, Christopher Kucher,
John Cannon,
¿Esquires.
Two orders were drawn upon the Treasurer, one in favor of John Buth for five pounds, and the other in favor of Jacob Krotts for three pounds fifteen shillings, State money, of the emission of April, 1781, payable out of the fund appropriated by the resolu- tion of Assembly of the eighth of April, 1782, being in full of their certificates for two beeves furnished by them for the use of the Continental army in the year 1780, according to the Comp- troller General report.
Mr. Willing was appointed a member of the Board of Property for the present month.
John White was employed as an Express to ride to the counties of Northumberland and Luzerne, agreeably to the minute of the twenty-third of December; and it was agreed to allow him three dollars specie per diem while he is engaged in the said business.
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The Council met.
PHILADELPHIA, Monday, January 5th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Hon'ble Samuel Miles, Abraham Smith,
James Read, Zebulun Potts, and } Esquires.
John Cannon, Christopher Kucher,
The Vice President and Mr. Willing attended the Board of Pro- perty.
The Comptroller General's report upon the account of John Mc- Nair, junior, Esquire, agent for the sale of forfeited estates in the county of Northampton, for his commissions and the expences at- tending the sale of seven tracts of land, situate on Lackawannick and Shawhawkin creek's in the said county, which became forfeited to the Commonwealth by the attainder of Christian Huck, was read and approved, and an order drawn on the Treasurer, in favor of the said agent for the sum of two pounds two shillings and six pence, being in full for the said expences.
A return from the county of Fayette of members to serve in the Congress of the United States, was received and read.
On motion,
Resolved, That agreeably to the act of General Assembly, passed the fourth of October last, a proclamation of the members elected to represent this State in the Congress of the United States be now issued under the Great Seal.
A draft of a proclamation being prepared and laid on the table, was read and agreed to, as follows, vizt :
Pennsylvania, ss.
By the Supreme Executive Council of the Commonwealth of Pennsylvania :
A . PROCLAMATION.
WHEREAS, Pursuant to an act of the General Assembly of the said Commonwealth, passed on the fourth day of October last, intituled " An Act directing the time, places and manner of holding elect- ions for Representatives of this State in the Congress of the United States, &ca. Election for such representatives were held on the last Wednesday in November last, in the city of Philadelphia, and in the several counties of this State, and the returns of the said several elections, having been transmitted by the Sheriff's of the said city and counties respectively to the Secretary of this Council. Now We the Supreme Executive Council of the said Common- wealth, having agreeably to the directions of the said act inspected
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and examined the said returns, and enumerated and ascertained the number of votes for each and every candidate, do hereby make known and declare that Frederick Agustus Muhlenberg, Henry Wynkoop, Thomas Hartly, George Clymer, Thomas Fitzimmons, Thomas Scott, Peter Muhlenberg and Daniel Heister are accord- ing to the said returns, highest in votes of the electors throughout this State, and in consequence are duly elected and chosen as rep- resentatives of and for this State in the Congress of the United States.
Given in Council under the hand of his Excellency Thomas Mifflin, Esquire, President, and the seal of the State at Philadel- phia, this fifth day of January, in the year of our Lord one thou- sand seven hundred and eighty-nine.
THOMAS MIFFLIN.
Attest-CHARLES BIDDLE, Sec'ry.
The Council met.
PHILADELPHIA, Tuesday, January 6th, 1789. PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Abraham Smith,
James Read,
Christopher Kucher, and
Esquires.
John Cannon, Zebulun Potts,
Richard Willing,
The Council met.
PHILADELPHIA, Thursday, January 8th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Christopher Kucher, )
John Cannon, Zebulun Potts, and Esquires.
Abraham Smith, Richard Willing,
The following orders were drawn upon the Treasurer, vizt :
In favor of Thomas Bradford, for twelve pounds six shillings, in full of his account for six copies of the Pennsylvania Journal, on each day of publication, from January the first until December
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31st, 1788, furnished for the use of Council, and for several single papers at different times.
In favor of Henry Bush, Sub-Sheriff of Northampton county, for eighteen pounds, in full of his account for his services and ex- pences in removing John Franklin, a State prisoner, from the jail of the said county, to that of the city and county of Philadelphia, according to the Comptroller General's report.
In favor of Doctor James Hutchinson, for seven pounds five shil- lings and three pence, in full of his account for medicine and at- tendance upon John Franklin, in the jail of the city and county of Philadelphia, from July the twenty-fourth until August the fifth, 1788; and for the sum of thirty five pounds five shillings and six pence, in full of his account for medicine and attendance upon the corps of Invalids from December the sixth, 1787, until the twenty- sixth of November, 1788, according to the Comptroller General's report.
In favor of the Managers of the Pennsylvania Hospital, for six- ty-eight pounds one shilling and four pence, being one year and nine months' pension due to David Grady ; and one year twelve weeks and four days' pension due to Dennis Ford, and for the fu- neral charges of the datter, according to the Comptroller General's report.
Upon consideration of a letter from the Honorable Edward Ship- pen, relative to a suit now depending in the Supreme Court, for the recovery of a debt due upon a mortgage against the estate which was forfeited to the Commonwealth by the attainder of Ben- edict Arnold, situate in the county of Philadelphia, and which was sold by the Agents of the said county for the term of his natural life ;
Resolved, That the Attorney General be requested to appear in behalf of the State and use his best judgment in the case.
The Council met.
PHILADELPHIA, Friday, January 9th, 1789. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President
Samuel Miles, Abraham Smith,
Richard Willing, Christopher Kucher,
James Read, Zebulun Potts, and Esquires.
John Cannon, Frederick Watts, now returned.
Agreeably to the Comptroller General's report an order was drawn upon the Treasurer in favor of Captain James McLean, for fifteen
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pounds five shillings and six pence, in full of his account for his subsistence as commandant of the Invalid corps, and for house rent due to him until the twenty-fourth day of December. last, when General Nichola took command of the said corps.
A certificate of the division of Letterkenny township, in the county of Franklin, for a more convenient election of Justices of the Peace from the Court of General Quarter Sessions of the Peace of the said county, which was received and read on the twenty- sixth of August last, was again read ; and on consideration,
Resolved, That the said division be confirmed.
On motion,
Resolved, That the Vice President be added to the committee appointed the third of December last, to take into consideration the account of William Hamilton, and report to Council thereon.
A letter was written by the President to General Knox, Secre- tary at War, in answer to his letter of the twenty ninth of De- cember, on the subject of calling out the militia of the Western Frontiers of this State, under a resolution of Congress of August the twelfth last.
A letter was written by the Secretary of this Board to the Sec- retary of Congress inclosing the proclamation issued by Council on the fifth instant, declaring the eight persons highest in votes as Representatives of this State in the Congress of the United States, and also the returns received from the city and several counties of the elections of the said Representatives.
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